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A4228Assembly2017-2018 Session

Ban Alcoholic Energy Drinks

Official title

“Prohibits the sale of alcoholic energy drinks”

Sponsor Felix OrtizAD-51+5 co-sponsorsAffects Economy
Status
In Assembly Committee
Economic Development
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Economic Development

What's happening

This bill prohibits the importation, distribution, and sale of alcoholic energy drinks containing added caffeine or similar stimulants in New York.

Why it matters

  1. Aims to reduce youth and public health risks. by targeting products that combine alcohol with stimulants like caffeine, which have been linked to increased binge drinking, risky behavior, and emergency room visits, especially among young adults.

  2. Holds businesses strictly accountable. by making each sale of an alcoholic energy drink a separate violation, potentially resulting in significant financial penalties for ongoing non-compliance.

  3. Empowers the state attorney general. with strong enforcement tools—including injunctions, restitution, and subpoenas—to swiftly and effectively stop illegal sales and investigate violations.

  4. Broadly defines prohibited products. , covering any alcoholic beverage with added caffeine or similar stimulants, making it harder for manufacturers or sellers to circumvent the ban through product reformulation.

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Who cares

Headline styles

Ban Alcoholic Energy Drinks

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Felix Ortiz

Assembly Member · Assembly District 51

1 Multi-sponsor

History

  1. Referred to economic development
  2. Referred to economic development

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4228

2017-2018 Regular Sessions

IN ASSEMBLY

February 1, 2017

Introduced by M. of A. ORTIZ, M. G. MILLER, COOK, McDONOUGH, FINCH, MONTESANO -- Multi-Sponsored by -- M. of A. HIKIND -- read once and referred to the Committee on Economic Development

AN ACT to amend the general business law, in relation to prohibiting the sale of alcoholic energy drinks

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new section 399-yyy to read as follows:

§ 399-yyy. Prohibition on the importation, distribution or sale of alcoholic energy drinks. 1. No person, firm, corporation, or association shall import, distribute, sell or offer to sell any alcoholic energy drink.

2. For the purposes of this section, the term "alcoholic energy drink" means any alcoholic beverages to which caffeine or other stimulants which are metabolized as caffeine are added.

3. Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08878-01-7

A. 4228 2

than one thousand dollars for each violation. Each sale of an alcoholic energy drink in violation of this section shall constitute a separate violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.